Tag Archives: Trespass

Where defendants destroyed a retaining wall and cleared trees from land that the plaintiffs claimed title to by adverse possession, the plaintiffs should be awarded damages in the total amount of $51,427. “This case is before the court on remand ...

Where a Land Court judge found the plaintiffs to own a disputed parcel of land by adverse possession, but declined to hold the defendant title owners liable for trespass, the trespass judgment must be vacated given the plaintiffs’ rightful ownership. ...

Where a jury returned a verdict in favor of a defendant on a trespass claim asserted against the defendant city, an order allowing the city’s motion for judgment notwithstanding the verdict must be affirmed for lack of evidence to support ...

Where a jury returned a verdict holding the defendant landowners liable to the plaintiff neighbors for trespass to chattels, nuisance and intentional infliction of emotional distress, the evidence was sufficient to support the verdict.

Where a plaintiff has alleged that the commonwealth of Massachusetts and the city of Worcester have been unlawfully discharging stormwater runoff onto his property, a motion by the commonwealth for summary judgment should be denied given the non-speculative nature of the plaintiff’s allegations.

Where, after the defendants’ opening statement, a judge directed a verdict for the plaintiffs on claims of trespass and emotional distress, this was improper, as the allegations in the defendants’ opening were sufficient to survive a motion for a directed verdict.